RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20080003764
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his Reentry (RE) code of RE-3 be changed to a more favorable RE code and that his Separation Program Designator (SPD) code of JBK be changed. He also requests that he be authorized separation pay.
2. The applicant states that the SPD code of JBK is authorized separation pay, which he did not receive.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); two Enlisted Record Briefs; a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice); a DA Form 31 (Request and Authority for Leave); his Standard Installation Clearances; a letter, dated 13 November 2007, from the U.S. Army Criminal Investigation Command (CID), Fort Belvoir, Virginia; and a CID Report of Investigation.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 17 October 1997. At the completion of basic training and advanced individual training, he was awarded military occupational specialty 63B (light wheel vehicle mechanic). He continued to serve on active duty through two reenlistments. He was promoted to sergeant, E-5 on 2 February 2001.
2. The applicant served in Iraq from 28 January 2003 to 24 January 2004 and from 28 January 2005 to 7 January 2006.
3. Department of the Army, Vilseck Transition Center, Orders 011-18, dated 11 January 2006, show the applicant was not entitled to separation pay in accordance with Title 10, United States Code, Section 1174.
4. The applicant was honorably discharged on 18 February 2006 by reason of completion of required active service in pay grade E-4. At the time of his discharge, he had completed a total of 8 years, 4 months, and 2 days of active military service.
5. His DD Form 214 shows he was given an RE code of RE-3 and an SPD code of JBK (Completion of Required Active Service).
6. Item 18 (Remarks) on his DD Form 214 does not show he was authorized separation pay.
7. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation shows that the SPD code JBK as shown on the applicants DD Form 214 specifies the narrative reason for separation as involuntary discharge for Completion of Required Active Service and that the authority for separation under this separation program designator is
AR 635-200, Chapter 4. Additionally, the SPD/RE Code Cross Reference Table, Army Regulation 635-5 (Separation Documents) establishes RE code 3 as the proper reentry code to assign to Soldiers separated for this reason.
8. Pertinent Army regulations provide that, prior to discharge or release from active duty, individuals will be assigned RE codes based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve. Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes. The regulation states that
RE3 applies to persons not qualified for continued Army service, but the disqualification is waivable.
9. Table 3-1 of Army Regulation 601-280 (Army Retention Program) shows the retention control points for a specialist is 10 years total active service.
10. The Department of Defense Financial Management Regulation provides that full separation pay is authorized to service members who are involuntarily separated from active duty and meet all of several conditions, including being fully qualified for retention. Half separation pay is authorized to service members who are involuntarily separated from active duty and meet all of several conditions, including being not fully qualified for retention under any of eight conditions (to include expiration of service obligation). In addition, the member is required to enter into a written agreement to serve in the Ready Reserve for a minimum of 3 years in order to receive either full or half separation pay.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged from active duty on 18 February 2006 under the provisions of Army Regulation 635-200, chapter 4 at the completion of his required active service.
2. The applicant's DD Form 214 shows he was discharged with a separation code of "JBK" and was assigned an RE code of RE-3 in accordance with the governing regulation in effect at the time.
3. There is no evidence of record which shows the reentry code issued to him was in error or unjust. However, the applicant's disqualification for reentry is waivable under Army enlistment criteria.
4. At the time the applicant was separated, it appears he was not fully qualified for retention probably due to his retention control points; however, he was not entitled to full separation pay. In addition, it appears he also did not meet all of the criteria for entitlement to half separation pay.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
XX______ XX______ XX______ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
XXX________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080003764
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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